Over the last several months, Creative Commons has been following the review of the European Union copyright directive. One issue that has remained contentious is freedom of panorama. Freedom of panorama permits taking and publishing photographs and video of buildings, landmarks, and artworks permanently located in a public public place, without infringing on any copyright that might rest in the underlying work. For example, anyone may take and publish a photograph of the Torre Agbar in Barcelona without having to get permission from the rightsholder of the physical building. While some countries such as Spain, Poland, and the Netherlands enjoy freedom of panorama, others such as Italy, France, and Greece require that a photographer get permission for taking and sharing images of works in public spaces.
German Pirate Party MEP Julia Reda has been tasked with developing a report that will make recommendations for potential legislative changes to EU copyright law. Reda’s report has been discussed widely, and last month the legal affairs committee of the European Parliament voted on amendments to her report, which resulted in a compromise text. On July 9, this report (and any amendments to it) will be voted on in the full EU Parliament.
The outcome of the legal affairs committee vote produced some positive actions for copyright reform in support of users and the public interest. For example, the compromise text introduced exceptions to copyright in the EU for libraries to digitize collections and lend ebooks, and for scientists and others to conduct text and data mining without needing an extra license to do so. The report also called on the European Commission to protect the public domain by clarifying that “once a work is in the public domain, any digitisation of the work which does not constitute a new, transformative work, stays in the public domain.”
Reda’s original proposal contained a provision that would have granted freedom of panorama throughout the EU. But an amendment passed by the legal affairs committee says that anyone who wants to take and share photography or video of public buildings and landmarks can only do so for non-commercial purposes. Reda calls the rule “absurd”:
This would restrict existing rights in many EU member states, introduce new legal uncertainty for many creators and even call the legality of many photos shared on commercial photo sharing platforms like Instagram and Flickr into question. Documentary filmmakers, for example, would have to research the copyright protection status of every building, statue or even graffiti on a public wall depicted in their movie – and seek the permission of each rightholder.
The consequences of adopting copyright rules that limit freedom of panorama to only non-commercial uses could make every vacationing photographer a criminal in the eyes of the law. The change would also be damaging to the commons, especially for a community like Wikipedia, which requires that photos and videos uploaded for use on the site be made available under free licenses that permit commercial use. As the Wikimedia Foundation notes, “the version of freedom of panorama now under consideration is not compatible with Wikimedia’s goal to broadly share knowledge. If this amendment became law, it would be more difficult for users to freely share photos of public spaces. It would be a step backwards in revamping the EU’s copyright rules for the digital age.” If this provision goes into effect, thousands of photos on Wikimedia Commons likely would have to be removed.
But you can help! Sign the Change.org petition to bring bring the freedom of panorama to all member states of the EU. Citizens of the EU can also contact their MEPs to let them know how you would like them to vote. Owen Blacker says there are two things to ask of MEPs:
1) Please support amendment A8–0209/3 by Marietje Schaake, to restore the meaning of the original text which extends liberal freedom of panorama to all EU member states;
2) Should Schaake’s amendment fail, then please vote to remove paragraph 46 from the report altogether.
The public should have the right to use photographs, video footage and other images of works permanently located in public spaces. Let’s support, extend, and protect the freedom of panorama across the European Union.4 Comments »
This post originally appears on the Communia Association blog. Creative Commons is a founding member and active participant in Communia.
Last week Thursday the European Commission launched its much anticipated public consultation on the review of the EU copyright rules. This consultation is the first visible sign of the second track of the Commission’s attempt to modernise the EU rules (the first track consisted of the rather unsuccessful Licenses for Europe stakeholder dialogue). In the words of the Commission the focus of the consultation is on:
… ensuring that the EU copyright regulatory framework stays fit for purpose in the digital environment to support creation and innovation, tap the full potential of the Single Market, foster growth and investment in our economy and promote cultural diversity.
With regards to the contents of the consultation, a first reading reveals a mixed bag of questions, with a surprising amount of them actually touching on issues that are closely related to our own policy recommendations. The consultation comes in the form of a 37 page document with a grand total of 80 questions that cover everything from the functioning of the single market for copyrighted works, linking and browsing, copyright term duration, registration of copyrighted works and exceptions and limitations for cultural heritage institutions, education, research, persons with disabilities and “user generated content”. In addition, there are questions about private copying and levies, the fair remuneration of authors and performers, respect for rights, and even the possibility of a single EU copyright title. Finally there is an open question for everything else that stakeholders might want to tell the Commission.
The deadline for providing answers to all of these questions is the 5th of February, which if one takes into account the upcoming holiday period is rather short. Read More…Comments Off on European Commission announces public consultation on the review of EU copyright rules
European Commission Vice President Neelie Kroes and Commission Member Androulla Vassiliou today announced Opening Up Education, an initiative that looks to increase the use of digital technologies for learning and spur the development of Open Educational Resources and policies across the European Union.
The Opening Up Education communication (PDF) indicates a strong support for Open Educational Resources. On the subject of OER, the Commission will:
- Ensure that all educational materials supported by Erasmus+ are available to the public under open licenses and promote similar practices under EU programmes;
- Use the new programmes Erasmus+ and Horizon 2020 to encourage partnerships between creators of educational content (e.g. teachers, publishers, ICT companies), to increase the supply of quality OER and other digital educational materials in different languages, to develop new business models and to develop technical solutions which provide
transparent information on copyrights and open licenses to users of digital educational resources;
- Launch with this Communication the Open Education Europa portal linking it to existing OER repositories in different languages and bringing learners, teachers and researchers together, so to improve the attractiveness and visibility of quality OERs produced in the EU.
The communication also urged Member States and education institutions to:
- Stimulate open access policies for publicly-funded educational materials;
- Encourage formal education and training institutions to include digital content, including OERs, among the recommended educational materials for learners at all educational levels and encourage the production, including through public procurement, of high-quality educational materials whose copyrights would belong to public authorities.
The communication document defined OER as “learning resources that are usable, adaptable to specific learning needs, and shareable freely.” We think that it would be better for the Commission to adopt the longstanding and well-understood OER definition promoted by the Hewlett Foundation, which defines OER as “teaching, learning, and research materials in any medium that reside in the public domain or have been released under an open license that permits their free use and re-purposing by others.”
Creative Commons provided feedback last year when the Commission was gathering information from stakeholders on how to proceed around the issues of ICT and OER. Congratulations to the EC on what looks like a promising initiative that will increase access to and reuse of open educational resources and technologies for a wide range of learners in Europe.Comments Off on European Commission launches “Opening Up Education” initiative